A,brief,analysis,of,western,natural,law,thoughts


  Abstract:Western natural law is the foundation of western legal theory.It originated in ancient Greek city-states period.After the Stoics development it formed a complete system,and then through the further development with ancient Rome jurists such as Cicero ,it had a huge influence on Roman law.After entering the middle ages Aquinas elaborated it as the divine nature of law.Until modern times by Grotius,Hobbes and other classical natural jurists‘ reinterpretion ,it had a lot of new contents.
  Key words:analysis;western natural;law thoughts
  Firstly,the ancient natural law thoughts
  The idea of natural law originated from the ancient Greek city-states and it came from the ancient Greek’s understanding of nature.They believed that nature is sacred,and there is a chain in the nature that human can not see.The chain specifies the natural order and the action of everything in the world .That we can’t see what is known as the natural order of the chain should be the supreme principle of human behavior.Human must abide by piety without breakthrough.It is the foundation of the law and justice.For the definition of natural law thoughts,the wise school contributed a lot.The school of sophists made a detail analysis of ‘nature’ and they explained the environment and social life of human beings with natural things or natural laws.From the perspective of nature and physiology,this paper expounds the idea that everyone is equal.It is believed that there is no difference on people who are all skull toes.In real life,the difference on people is completely caused by the system and it is the result of man-made laws.Human beings should act in accordance with nature,not in accordance with artificial laws,and human beings should act in accordance with higher natural laws.
  Secondly,theocracy natural law thoughts
  Theocratic natural law thoughts flourished in Europe in the middle ages,among which the most important representative was Thomas Aquinas,who put forward the theological theory of natural law.After combining augustine’s theological legal thoughts with Aristotle’s naturalistic natural law thoughts,Aquinas believed that natural law is the law that rational people get higher than positive law through their understanding and comprehension of god’s eternal law,which is the bridge between positive law and god’s eternal law.Aquinas further explained that eternal law is the reason of god,it is the supreme law governing all things in the universe.The law of nature is a rational person’s understanding of the eternal law of god,So the actual law enacted by the state organs must be subordinated to the natural law,and finally to the eternal law of god.

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